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Public Servants Seek Intervention in Challenging Section 90
Public Servants in the Kingdom of Eswatini are seeking assistance in dealing with Section 90 of the Industrial act of 2000 as amended. This follows the court’s ruling of stopping an industrial action that was supposed to be rolled out by Public Service Association’s from today 29 January 2019 in all four regions of the country from today.
In a statement that was released by The National Public Service Allied Workers Union (NAPSAWU), the organization expressed that there is a need to challenge the constitutionality of section 90 of the Industrial act as it will continue to be misused to disrupt lawful strike in the in the Kingdom of Eswatini.
These are the same sentiments that were shared by the Swaziland National Teacher’s Association today when responding to a statement that was released by NEHAWU today. The organization appreciated the solidarity and further requested assistance in dealing with the section in spot light today.
Section 90 of the Industrial Relation Act of 2000 as amendment state that a person, organization, Federation or any party to a dispute shall not continue or take a strike or institute a lock out while proceedings in relation to a dispute to which that action relates are pending before the court.
The government of Eswatini through the Ministry of Labor and Social Security approached the court on section 89, arguing national interest as the strike would disrupt services to the public. Due to the time in which the papers were filed, the court never got to hear the Section 89 arguments and ruled that the strike should not go on pending finalization of this hearing.
The public servants in the Kingdom of Eswatini were supposed to start their strike today in dispute over pay. The associations are currently requesting an adjustment of 6.5% and government insisted that she is broke and can not afford to award the adjustments as yet. In the last negotiation forum, government offered a revised offer of 3% which shall be implemented in 2020/2021 and was flatly rejected by the union leaders.
Four unions are involved are the Swaziland National Association of Teachers (SNAT), Swaziland National Association of Government Accountants Personnel (SNAGAP), Swaziland Nurses Association (SNA) and the National Public Service and Allied Workers Union (NAPSAWU). All are affiliated to the Trade Union Congress of Swaziland (TUCOSWA).